16/01/2026 Bertus Preller Adultery, Children, Divorce, Divorce Act section 9, Forfeiture of Benefits, Forfeiture patrimonial benefits, In Community of Property, Matrimonial property forfeiture, Pension Funds, Pension Funds Act 24 of 1956, Pension interest, Substantial misconduct, Substantial misconduct, Undue benefit test adultery extra-marital relationship, balancing contributions misconduct, Botha v Botha forfeiture, BS v PS isolated misconduct, credibility assessment divorce proceedings, cumulative misconduct assessment, discretion costs divorce matters, divorce irretrievable breakdown, domestic contributions recognition, duration of marriage neutral factor, family law Gauteng Division, forfeiture patrimonial benefits, homemaker contributions divorce, humiliation spouse dignity, marriage in community of property, Mashola v Mashola holistic approach, Municipal Gratuity Fund, non-financial contributions marriage, partial forfeiture pension only, pension interest forfeiture, procreation with third party, public humiliation Facebook, sale joint estate property, section 9 Divorce Act, social media pregnancy announcement, substantial misconduct divorce, two-step forfeiture test, undue benefit divorce, value judgment forfeiture orders Forfeiture of Pension Benefits for Adultery, Procreation and Public Humiliation via Social Media: E.M v S.M (096891/2024) [2026] ZAGPPHC 8 (12 January 2026). Factual Background: Extra-Marital Relationship and the Birth of a Third Child The parties in this matter were married in community of property on 10 January 2011. Their marriage, which lasted… READ MORE
21/06/2025 Bertus Preller Division of Estate, Divorce, Financial Disclosure, Maintenance, Marriage, Muslim Marriages, Redistribution Claim, Same Sex Couples accrual system exclusion, antenuptial contract override, asset redistribution divorce, Constitutional Court divorce ruling 2023, constitutional family law, customary marriage divorce, divorce asset division reform, divorce court powers, divorce settlement negotiation, equitable asset distribution, family law modernization, financial vulnerability divorce, gender equality divorce, General Laws Family Matters Amendment Bill 2025, homemaker financial rights, marriage contract fairness, matrimonial property act amendment, Muslim marriage divorce rights, non-financial contributions marriage, out of community property, separate property marriage, South Africa divorce law, spousal maintenance alternatives, stay-at-home spouse rights, surviving spouse claims, vulnerable spouse protection, widowhood financial protection South Africa’s Divorce Revolution: How the 2023 Constitutional Court Ruling and General Laws (Family Matters) Amendment Bill 2025 Rewrote Asset Division Laws to Protect Vulnerable Spouses. Introduction South Africa is on the verge of a major transformation in divorce law that will fundamentally change how assets are divided when marriages end. Justice Minister Mmamoloko Kubayi has… READ MORE